Why do courts in Phoenix grant protective orders?

Protective orders (sometimes called restraining orders) are court directives requiring one individual to cease all contact with another person. Under Arizona Revised Statutes § 13-3602, courts grant these injunctions to prevent physical and emotional harm through violence, harassment, intimidation, or threats.

What restrictions can a protective order impose?

A protective order can require the restricted individual to keep a certain distance from the complainant, forego contact with their children, move out of a shared home and find alternative housing, avoid the complainant’s place of work or school, and surrender their firearms.

How can someone respond to an application for a protective order?

A restrained individual can request a hearing to present evidence showing that granting the order was in error, including situations where a protective order is used as an overreach to gain an advantage in another proceeding, such as divorce.

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Q: How long do protective orders typically stay in place in Phoenix?

Protective orders typically stay in place for a year.

Q: What are the penalties for violating a protective order in Phoenix?

If an individual violates any rule imposed by a protective order, they are subject to arrest for interfering with judicial proceedings under Ariz. Rev. Stat. § 13-2810(A)(2). This is a class one misdemeanor, and a conviction could lead to a jail sentence of up to six months and fines of up to $2,500.

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It is much easier to have a protective order granted than to have one removed. If a court has issued one against you or scheduled a hearing allowing you to respond to an application, you need guidance from an experienced domestic violence attorney.

Help from a Phoenix protective orders lawyer can make all the difference in the outcome of your case. At the Grand Canyon Law Group, we can review your options and help you seek a positive result. Your life is worth protecting, so let us fight for you.

For a free legal consultation with an order of protection lawyer serving Phoenix, call 480-400-5555

WHY COURTS IN PHOENIX GRANT PROTECTIVE ORDERS

Protective orders, sometimes referred to as restraining orders, are court directives requiring one individual to cease all contact with another person. As outlined in Arizona Revised Statutes § 13-3602, courts grant these injunctions to prevent physical and emotional harm through violence, harassment, intimidation, or threats.

Protective orders are often a part of domestic disputes; in fact, Ariz. Rev. Stat. § 13-3601(J) requires police officers responding to domestic violence calls to advise aggrieved parties on the process of requesting a restraining order. A skilled local attorney can further explain how protective orders may impact a person’s life and develop a strategy to respond effectively.

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RESTRICTIONS IMPOSED BY PROTECTIVE ORDERS

Protective orders typically stay in place for a year, and they can require the restricted individual to:

Keep a certain distance from the complainant
Forego contact with their children
Move out of a shared home, requiring the person to find alternative housing
Avoid the complainant’s place of work or school
Surrender their firearms

The stated constraints can significantly alter a person’s daily life and impact future proceedings in child custody matters.

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RESPONDING TO AN APPLICATION FOR A PROTECTIVE ORDER

Once a restraining order is in place, courts are wary of removing them. However, there are instances where people use protective orders to gain an advantage in another proceeding, such as divorce. When such orders are an overreach, individuals should challenge them.

Restrained individuals can request a hearing to present evidence showing that granting such orders was in error. Our restraining orders attorneys are familiar with these proceedings and can help those in the Phoenix area prepare their cases.

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PENALTIES FOR VIOLATING A PROTECTIVE ORDER IN PHOENIX

Protective orders carry the force of law, so those subject to their restrictions cannot simply ignore them. Also, protected parties cannot waive their enforcement and give the restrained person permission to make contact. Only the court can void the order and allow the parties to resume interacting.

If an individual violates any of the rules imposed by the restraining order, they are subject to arrest for interfering with judicial proceedings under Ariz. Rev. Stat. § 13-2810(A)(2). This infraction is a class one misdemeanor, punishable under Ariz. Rev. Stat. §§ 13-707(A)(1) and 13-802(A). A conviction could lead to a jail sentence of up to six months and fines of up to $2,500.

It is essential for a person to understand the restrictions of their protective order to avoid violations. By working with a knowledgeable lawyer at our firm, individuals can better understand the terms of a restraining order and mount an effective defense if they are accused of violating it.

CONSULT WITH A SEASONED PROTECTIVE ORDERS ATTORNEY

A protective order can wreak havoc on your life. Challenging them can be tricky, but our dedicated legal team is here to help you every step of the way. Working with a Phoenix protective orders lawyer can make all the difference in the outcome of your case, so call the Grand Canyon Law Group today to get started on your case.